9/20/2017

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Divorce

A divorce is a legal process that terminates a marriage in which one or both spouses have decided that it is no longer viable to remain in the relationship. The divorce gives both spouses the right to remarry.

There are many issues related to the subject of divorce, such as child custody, child support, alimony, tax consequenses, and the division of real estate, stocks and bonds, and other assets.

Some divorces are ended with simple proceedures, whereas both spouses agree to end their marriage and to divide their assets in an amicable manner. But others can be complex and very difficult to conclude, especially when there is disagreement over children and visitation rights, a large amount of assets, or bitterness associated with infidelity, abuse, and/or other issues.

Although it has become much easier to get a divorce in recent years, there are still some judicial requirements that have to be met. It has to be proven that it is in the best interests of the spouse who files the motion that the dissolution of the marriage be granted.

The burden of proof that the marriage is beyond repair falls on at least one of the spouses, usually the one doing the filing, thereby giving the courts the will to grant a legal termination of the marriage.

Countries around the world have their own laws regarding divorce. In some countries, divorce is not permitted, and in other's, there are certain stipulations that must be met.

In the United States, each state regulates its own marriage and divorce laws. The grounds on which a divorce can be granted vary from state to state. Some states have divorce laws that are liberal while others tend to be a bit more conservative.

Certain states have adopted tax laws which are designed to make it easier to get a dissolution, thereby attracting those who are seeking a divorce to come to their state. But there are certain elements of the laws in each state that may cause confusion because of alimony and child custody rights in the state in which the other spouse resides.

A person seeking a divorce has to reside, for a specific time, in the state in which he or she files for divorce. Some states require residence for up to at least five years, while others require only 6 to 8 weeks.

Some legislators are calling for more uniforms laws on marriage and divorce throughout the country. But like other changes in the laws of the United States, it would require an amendment to the U.S. Constitution which would give Congress the authority to write and pass laws that would bring uniformity to all states.

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